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(영문) 전주지방법원 정읍지원 2017.07.12 2017고합20
공직선거법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal records] On February 4, 2016, the Defendant was sentenced to nine months of imprisonment for property damage, etc. at the Daegu District Court, and completed the execution of the sentence at the Daegu Prison on June 17, 2016.

[Criminal facts] No person shall interfere with an assembly, speech or traffic regarding an election, or interfere with freedom of election by deceptive means, trick, or other unlawful means.

Nevertheless, on April 27, 2017, the Defendant used the “D pharmacy” in the front of the 19th presidential election campaign committee G, a candidate for the said candidate, before the 19th presidential election campaign committee, and used the hack pipe ( approximately 37 cm in length, approximately 25 cm in concrete diameter: approximately 25 cm in length) attached with the primary concrete, which is a dangerous object, for the reason that the hacks the speech to support the said candidate by the F Party An election campaign committee G, a candidate for the said 19th presidential election, caused the hacks of the hack pipe (a total pipe: approximately 37 cm in length, concrete diameter: approximately 25 cm in length) in the market value, which is the victim H owned by the victim, shamp the front glass of the I election campaigned vehicle in the U.S., and hacks the hacking the hackle of the said election vehicle.

As a result, the defendant interfered with the speech on election, and at the same time damaged the victim's property by carrying dangerous objects.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, J and G;

1. On-site photographs (damageed vehicles, etc.), ct photographs, applications for issuance of signs, reports on the establishment of liaison offices, and schedule of time for string vehicles under the circumstances of interference with the election of the victim;

1. Previous convictions: The application of Acts and subordinate statutes reporting the current status of personal confinement, previous convictions and results of dispositions;

1. Article 237 (1) 2 of the relevant Act on the Election of Public Officials in the Civil Service (the point of obstructing a speech) and Articles 369 (1) and 366 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act concerning conceptual concurrent crimes (Punishments imposed on a person who violates the Election of Public Offices with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of applicable sentences under the law: Imprisonment from one month to ten years.

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